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(영문) 대구지방법원 2013.06.05 2013고정39

아동ㆍ청소년의성보호에관한법률위반(음란물제작ㆍ배포등)등

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Defendant shall be punished by a fine of 1.5 million won.

If the defendant fails to pay the above fine, 50,000 won shall be one day.

Reasons

Punishment of the crime

The Defendant is the business of sharing obscene materials by joining the “C” in the Internet file sharing website (www.q.co.kr) with the ID of “C,” and the documentary file site is a documentary file sharing site operated in a way that other members can search necessary files through the documentary file search program and directly download them with the personal computer, and the proceeds of the members who provided the documentary file and file are divided into 1:1.

No one shall distribute, sell, rent, or openly exhibit any obscene codes, words, images, or motion pictures through an information and communications network.

Nevertheless, from December 2, 2010 to November 8, 2012, the Defendant: (a) visited the Defendant’s office located on the fiveth floor of Jongno-gu Seoul Metropolitan DD Building to the documentary file site; and (b) displayed and distributed 100 video files of the video files with sexual intercourse, such as the image, “Shoman Shoman, Mavi,” engaging in sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse with the Defendant’s sexual intercourse.

Summary of Evidence

1. Partial statement of the defendant;

1. Police suspect interrogation protocol of the accused;

1. Application of Acts and subordinate statutes to servers, logs, and to capture obscene materials;

1. Article 74 (1) 2 and Article 44-7 (1) 1 of the Act on Promotion of Information and Communications Network Utilization and Information Protection, Etc. concerning facts constituting an offense;

1. Articles 70 and 69 (2) of the Criminal Act for the detention of a workhouse;

1. Article 334 (1) of the Criminal Procedure Act of the provisional payment order;